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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Civil Action No. 2:15-cv-01612
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`JURY TRIAL DEMANDED
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`SOCKEYE LICENSING TX, LLC,
` Plaintiff,
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`v.
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`TOSHIBA AMERICA, INC.,
` Defendant.
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`MOTION TO VOLUNTARY DISMISS WITHOUT PREJUDICE
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`Plaintiff Sockeye Licensing TX, LLC (“Sockeye”), by and through its undersigned
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`attorneys, and pursuant to Federal Rule of Civil Procedure 41(a), hereby files its Motion to
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`Voluntarily Dismiss Without Prejudice Defendant Toshiba America, Inc.
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`On October 5, 2015, Sockeye filed its Original Complaint against Defendant. After that
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`date, Sockeye discovered a technical defect with the filing of its annual report with the Texas
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`Comptroller of Public Account’s Office. That defect was promptly cured. While Sockeye
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`believes it had standing at the time the Complaint was filed, in order to avoid potentially
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`voluminous and unnecessary motion practice, Sockeye requests the opportunity to voluntarily
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`withdraw its Complaint. Defendant has not been served with process and has not answered or
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`made an appearance in this case.
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`Respectfully submitted,
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`/s/ Andrew G. DiNovo
`Andrew G. DiNovo
`Texas State Bar No. 00790594
`adinovo@dpelaw.com
`Adam G. Price
`Texas State Bar No. 24027750
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`By:
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`Dated: October 26, 2015
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`Case 2:15-cv-01612-JRG Document 9 Filed 10/26/15 Page 2 of 2 PageID #: 63
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`aprice@dpelaw.com
`Daniel L. Schmid
`Texas State Bar No. 24093118
`dschmid@dpelaw.com
`Stefanie T. Scott
`Texas State Bar No. 24061617
`sscott@dpelaw.com
`DiNovo Price Ellwanger & Hardy LLP
`7000 N. MoPac Expressway, Suite 350
`Austin, Texas 78731
`Telephone: (512) 539-2626
`Telecopier: (512) 539-2627
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`ATTORNEYS FOR PLAINTIFF
`SOCKEYE LICENSING, LLC
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`CERTIFICATE OF SERVICE
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`I certify this document was filed electronically pursuant to Local Rule CV-5(a) on October
`26, 2015. Pursuant to Local Rule CV-5(a), this electronic filing acts to electronically serve all
`counsel who have consented to electronic service via the Court’s CM/ECF system. Any other counsel
`of record will be served by electronic mail.
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`/s/ Andrew G. DiNovo
`Andrew G. DiNovo
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` 2
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